Patna High Court
Ravindra KumarversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application is disposed of as infructuous because the petitioner has already been acquitted.
Summary
The petitioner, Ravindra Kumar, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash the charge framed against him under Section 354 IPC, arguing that he had already been acquitted. The trial court had acquitted him on 03 January 2025. The High Court, after receiving a status report confirming the acquittal, considered whether the application was still maintainable. Both parties agreed that the matter had become infructuous. The Court disposed of the application, holding that no further proceedings were necessary as the petitioner was already cleared of the charges.
Issues considered
- Whether a criminal miscellaneous application under Section 482 CrPC can be entertained when the petitioner has already been acquitted of the charges?
Legislation cited
- Criminal Procedure Code — s. 239, 482
- Indian Penal Code — s. 354
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Acquittal
- Infructuous
- Criminal Miscellaneous Application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66966 of 2018
Arising Out of PS. Case No.-39 Year-2015 Thana- MAHILA PS District- Jehanabad
======================================================
Ravindra Kumar Son of Ram Lakhan Prasad Resident of Village-
Delhapur,P.S. Delha,Distt.-Gaya
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhilesh Dutta Verma, Advocate.
For the Opposite Party/s : Mr. Bharat Lal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
22.09.2018 passed by learned Sub-Divisional Judicial
Magistrate, Jehanabad in connection with Trial No.1201 of 2017
arising out of Jehanabad Mahila P.S. Case No.39 of 2015 (G.R.
No.1057 of 2015) by which charge has been framed against the
petitioner under Section 354 of the I.P.C. by rejecting the prayer
of petitioner under Section 239 of Cr.P.C.
3. Vide order dated 02.04.2026 a report regarding
status of case was called for, which was received vide Letter
No.303 of 2026 dated 16.04.2026. As per the said report
submitted by the learned Trial Court, the trial has already been
Patna High Court CR. MISC. No.66966 of 2018(3) dt.12-05-2026
2/2
concluded and the petitioner has been acquitted of all the
charges vide order dated 03.01.2025.
4. Learned counsel for the petitioner submits that the
petitioner has already been acquitted and this case has become
infructuous, accordingly, prays that the present case may be
disposed of.
5. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
6. Considering the submissions of learned counsels
for the parties and the report submitted by the learned concerned
Court, the present Cr. Misc. Application stands disposed of
having become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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